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Open Space District
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Meeting 10-38
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 8,2010
MINUTES
REGULAR MEETING
I. ROLL CALL
President Hassett called the Regular Meeting to order at 7:00 p.m.
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Yoriko Kishimoto, Curt Riffle,
Pete Siemens and Larry Hassett
Members Absent: None
Staff Present: General Manager Steve Abbors, General Counsel Sue Schectman,
Public Affairs Manager Rudy Jurgensen, Planning Manager Ana Ruiz,
Operations Manager David Sanguinetti, Real Property Manager Mike
Williams,Administrative Services Manager Kate Drayson, Human
Resources Analyst Annetta Spiegel, Resource Management Specialist
Cindy Roessler, Real Property Specialist Elaina Cuzick, Real Property
Specialist Michael Reeves, Interim Assistant General Counsel James
Atencio, District Controller Mike Foster and District Clerk Michelle
Radcliffe.
II. ORAL COMMUNICATIONS
There were none.
Meeting 10-38 Page 2
III. ADOPTION OF AGENDA
Motion: Upon motion by Director Riffle, seconded by Director Kishimoto, and unanimously
passed, the Board approved adoption of the agenda. (Vote: 7-0-0)
IV. INTRODUCTION OF NEW DISTRICT STAFF
President Hassett introduced Yoriko Kishimoto as the newly appointed Director of Ward 2.
General Manager Steve Abbors introduced Kate Drayson as the new Administrative Services
Manager.
V. ADOPTION OF CONSENT CALENDAR
Motion: Upon motion by Director Cyr, seconded by Director Riffle, and unanimously
passed, the Board approved adoption of the Consent Calendar to approve the Minutes of
October 27,2010, as amended,November 10,2010, and November 15,2010; FY 2010-11
Annual Claims List; and Revised Claims 10-24. (Vote: 7-0-0)
VI. BOARD BUSINESS
A. Agenda Item 4—FY2010-11 Mid-Year Budget and Action Plan Changes (R-10-151)
District Controller Mike Foster provided reviewed the FY2010-11 Mid-Year
Financials. Senior Management Analyst Lynn Tottori highlighted changes in the
capital improvement projects guidelines stating that the guideline is now based on
10.5%of property tax revenue the District receives. Ms. Tottori further explained that
the change in the capital improvement project guidelines resulted in a change to the
Operating Exchange Guideline to 51%of property tax revenue.
Discussion ensued and each department gave an in depth overview of their budget.
Director Hanko suggested that the Board hold a special meeting just to discuss the
Mid-Year and Annual Budget and brief discussion ensued. Director Riffle stated that
Board should be cautious with holding special meetings because of the amount of
detail and work involved in preparing the budget and suggested that the Board rely on
the recommendations of the Administration and Budget Committee(ABC) for the
Mid-Year budget. Discussion followed.
Motion: Upon motion by Director Harris, seconded by Director Hanko, and
unanimously passed,the Board received the District Controller's Mid-Year Financial
Report, approved the FY2010-11 Mid-Year budget, approved the revised CapEx
Guideline, and approved the change to the Operating Expense Guideline. (Vote: 7-0-
0)
Meeting 10-38 Page 3
B. Agenda Item 5—Approve the Purchase of the Silva Property as an addition to the
Russian Ridge Open Space Preserve, located at 5755 Alpine Road, La Honda,
California(San Mateo County Assessor's Parcel Number 080-380-030); Assignment
of Purchase Agreement for the Silva et al. Property to Peninsula Open Space Trust
(POST); Approval of a License and Management Agreement; Adopt the Preliminary
Use and Management Plan; and Approve a Categorical Exemption in Accordance with
CEQA (R-10-147)
Real Property Manager Mike Williams presented an overview of the Silva Property
and stated that the property included a large single family residence, a four-stall horse
barn, and a paddock. Mr. Williams explained that the District is proposing to assign
its purchase rights to Peninsula Open Space Trust(POST)in order to pursue grant
funding opportunities and will enter into a License and Management Agreement with
POST to manage the property.
Mr. Williams reported that the Silva property is surrounded by the Russian Ridge
Open Space Preserve and that the purchase of the property would enable the District to
patrol and manage the Russian Ridge Open Space Preserve and protect the preserve
from further development. He also reported that the property could be used as a
potential staging area and trail connection to the Mindego Ranch Property and the
Skyline Ridge Open Space Preserve. Mr. Williams provided an overview of the
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Preliminary Use and Management Plan for the property and explained that the existing
residential structure could be used as a residence for staff or private tenant. He further
explained that staff recommends opening the upper driveway between the Mindego
Trail junction and Alpine Road to public access. Lastly, Mr. Williams reported that
the purchase price of the Silva Property is $3,090,000, which includes $90,000 for the
broker's commission. Discussion ensued.
Public Comment: POST Conservation Director Mark Lan aff thanke
d ed the Board
and the District.
Motion: Upon motion by Director Kishimoto, seconded by Director Riffle, and
unanimously passed,the Board approved the purchase of the Silva property under the
terms and conditions negotiated, assigned the Purchase Agreement for the Silva
property to POST, approved the License and Management Agreement, adopted the
Preliminary Use and Management Plan; and approved a Categorical Exemption in
Accordance with CEQA. (Vote: 7-0-0)
C. Agenda Item 6—Approve the purchase of the Eagle View LLC as an
property
addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, located on
the steep west facing hillside above Los Gatos Creek(Santa Clara County Assessor's
Parcel Number 558-26-005); Adopt the Preliminary Use and Management Plan; and
Approve a Categorical Exemption in Accordance with CEQA(R-10-145)
Real Property Specialist Elaina Cuzick provided an overview of the Eagle View LLC
property, stating that the purchase will protect an important inholding within the
Cathedral Oaks Area of Sierra Azul that could be used as a potential trail access for
Mount Umunhum. She reported that the property is located southeast of Los Gatos
between Lexington Reservoir and Lake Elsman. Ms. Cuzick explained that the Use
Meeting 10-38 Page 4
and Management Plan for the area is to maintain the current condition of the property
and that the District will patrol and maintain the area. The purchase price of the
property is $250,000 for 80 acres. Brief discussion ensued.
Motion: Upon motion by Director Siemens, seconded by Director Riffle, and
unanimously passed,the Board approved the purchase of the Eagle View LLC
property under the terms and conditions agreed upon. (Vote: 7-0-0)
D. Agenda Item 7—Approve the purchase of the Price property as an addition to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve, located on Loma Almaden
Road near its junction with the end of Soda Springs Road in unincorporated Santa
Clara County(Assessor's Parcel Number 562-31-001); Adopt the Preliminary Use and
Management Plan; and Approve a Categorical Exemption in accordance with CEQA
(R-10-146)
Real Property Specialist Michael Reeves presented an overview of the Price property
and reported that the property was located in close proximity to the Eagle View
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property and that purchase of the property will serve to fill a gap in public ownership
along Loma Almaden Road. Mr. Reeves reported that the District will purchase the
24-acre property for$150,000 and that the terms include withholding$2,500 from the
sales proceeds in escrow pending performance of the seller's obligation to remove
paving stones that are located on the property within 60 days following the close of
escrow. Brief discussion ensued.
Motion: Upon motion b Director Siemens seconded b Director C and
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unanimously passed,the Board approved the purchase of the Price property under the
terms and conditions (Vote:negotiated.g � 7-0-0)
E. Agenda Item 8—Approval of Agreement between the City of Mountain View and
Midpeninsula Regional Open Space District for the Operation of Deer Hollow Farm
and Determine that the Recommended Actions are Exempt from CEQA(R-10-135)
Operations M ana erDavid Sanguinetti provided an overview of proposed agreeme
nt
between the District and the City of Mountain View for the operation of Deer Hollow
Farm. He reported that the proposed agreement will include the same conditions as
the previous agreement except that the City will enter into a two and half year
agreement due to the City's financial situation. Brief discussion ensued.
Motion: Upon motion b Director Riffle, seconded b Director Kishimoto, and
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unanimously passed,the Board approved the agreement between the City of Mountain
View and the District for the Operation of the Deer Hollow Farm and determined that
the recommended actions are exempt from CEQA. (Vote: 7-0-0)
Meeting 10-38 Page 5
F. Agenda Item 9 -Annual Meeting of and Report to Shareholders of Guadalupe Land
Company as Owners of Property Adjacent to the Mount Umunhum Area of Serra Azul
Open Space Preserve(Santa Clara County Assessor's Parcel Number 575-11-004,
575-12-001 and 575-12-013); Accept the Annual Report and the Chief Financial
Officer's Report to Shareholders of Guadalupe Land Company; and Appoint the
Directors of the Guadalupe Land Company(R-10-130)
Mr. Williams presented the annual report of the Guadalupe Land Company. He
reported that the Board of Directors met on November 29, 2010, and that Stephen E.
Abbors and Mike Foster remains the Chief Executive Officer and Chief Financial
Officer,respectively, of the corporation. He also reported that Michelle Radcliffe was
elected Secretary due to the resignation of Gordon Baillie. Brief discussion was held
about the possibility of dissolving the corporation at some future date and Mr.
Williams reported that the corporation could be dissolved as early as FY 2011-12.
Motion: Upon motion by Director Hanko, seconded by Director Kishimoto, and
unanimously passed, the Board accepted the annual report and appointed the Directors
of the Guadalupe Land Company. (Vote: 7-0-0)
VII. INFORMATIONAL REPORTS
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Mr. Williams reported that the Board will receive two closing memos for the Holmes and
Bergman Property and that the District now owns 59,050 acres of open space. Lastly,he
acknowledged Real Property Administrative Assistant Jean Chung for processing properties
gifted to the District.
Public Affairs Manager Rudy Jurgensen reminded the Board that the next public meeting
regarding Mount Umunhum will be held on December 9, 2010, in Sunnyvale.
Mr. Sanguinetti reported that the Skyline Tree Farm Restoration Project has been completed
and that the maintenance agreement for the tree farm is to ensure that 80%of the plants put in
survive. He also provided an update on the Pulgas Ridge Open Space tree shade issue and
that the eucalyptus trees will be removed next week. Mr. Sanguinetti further reported that
field staff has identified native trees in the preserve that could be used as alternate tree shade
and that staff have begun trimming those trees. Lastly,Mr. Sanguinetti updated the Board on
the dog waste campaign at Pulgas Ridge Open Space Preserve and reported that there was
some resistance from users on bagging their dog waste.
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Meeting 10-38 Page 6
Planning Manager Ana Ruiz clarified the District's Mercury Total Maximum Daily Load
report stating that staff will submit the report and recommendations to the State stating that
staff will stabilize potential sediment sources wherever feasible and will coordinate with the
County to ensure that the road maintenance activities do not destabilize roadside sediment
sources within the County's road easement.
General Counsel Sue Schectman announced that she will send an e-mail to the Board
providing guidelines for the Mount Umunhum public meeting on December 9,2010.
DIRECTOR REPORTS
The Directors submitted their compensable meeting forms to the District Clerk.
Director Kishimoto announced that she will be meeting with the two new Board Members of
the Santa Clara Valley Water District.
Director Riffle stated he was very impressed with the candidates they interviewed for Ward 2
and that he was pleased with the outcome. He also acknowledged staff for their hard work in
2010.
President Hassett invited the Board and District staff to the South Skyline Association
Holiday Party on December 12, 2010.
VIII. ADJOURNMENT
President Hassett adjourned the Regular Meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 9:55 p.m.
Michelle Radcliffe, CMC
District Clerk
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